Chamberlin v. United Engineers & Constructors, Inc.

WOOD, District Judge.

This common law trespass action was instituted by the employee of a subcontractor naming as defendant the general contractor. Plaintiff alleged in his amended complaint that the injury sustained was the result of a personal attack on him by a fellow employee and, therefore, was not precluded by the provisions of the Workmen’s Compensation Act of Pennsylvania, Section 301(c) of the Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 411.

A jury trial was held on the question of liability alone from September 24 to September 27, 1962, after which the jury became hopelessly…